The importance of affording an opportunity of hearing before passing orders and the need for consultation with the petitioner's parent department.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the respondent in Se.Mu.Aa.No. 1537/2019/B dated nil.10.2019 and quash the same and consequently, directing the respondent to repay the sum of Rs.16,848/- (Rupees Sixteen Thousand Eight Hundred and Forty Eight only), which was recovered from the petitioner''s pension.)

1. The petitioner was a Secondary Grade Teacher and he retired from service on 31.08.1985, on attaining the age of superannuation. The Chief Educational Officer, in pursuance of a Government Order in G.O.Ms.Nos.180, 181, School Education Department, dated 06.09.2013, by his proceedings dated 10.04.2014 has fixed the Special Scale of Pay for the petitioner and few others as of Elementary School Head Master. In the said Government Orders, the Government has provided Selection Grade / Special Grade pay of Elementary School Headmaster for the Selection Grade / Special Grade Teachers who have served in the Government High School and Higher Secondary School in between 01.06.1988 to 31.12.1995. Similarly placed persons as that of the petitioner have filed a writ petition in WP.No.15202/11 and thereafter, moved a contempt petition as well, which were also referred to in the proceedings of the Chief Educational Officer dated 10.04.2014. Thereafter, the petitioner was drawing his pension on par with the Special Grade Elementary School Headmaster. While so, the respondent herein, by referring the audit objections that this petitioner has been paid excess of Rs.1,68,474/- for the period from January 2017 to June 2019, has passed an order of recovery of the excess amount and also detected sum of Rs.8424/- from the pension of the petitioner. Aggrieved over the same, the petitioner has filed this writ petition.

2. Learned Counsel for the petitioner submitted that the petitioner is eligible for Special Grade scale of pay of an Elementary School Headmaster, as per the Government Orders in G.O.Ms.Nos.180, 181, School Education Department, dated 06.09.2013 and also pursuant to the proceedings of the Chief Educational Officer, dated 10.04.2014. That apart, as per the Government Order in G.O.Ms.No. 235, Finance (Pay Cell) Department, dated 01.06.2009, the petitioner is entitled to receive the revised basic pension and a proposal is also pending for revision of pension. Without considering the same, the respondent / Treasury Officer, who is in no way connected with the fixing of Scale of Pay, has passed the impugned order of recovery by referring a mere audit objection and that too, without affording an opportunity of hearing to the petitioner. By this impugned order of recovery, the respondent has also detected a sum of Rs.8424/- from the petitioner''s pension amount, without any notice to the petitioner. Therefore, he prayed for appropriate orders.

3. Learned Additional Government Pleader for the respondent submitted that the petitioner was retired as a Special Grade Secondary Grade Teacher and as such, as per the Government Order in G.O.Ms.No.235, Finance (Pay Cell) Department, dated 01.06.2009, the minimum pension should have been revised only for the minimum pay of Special Grade Secondary Grade Teacher, which was the last post held by the petitioner. However, the revised pension has been fixed erroneously in the cadre of Special Grade Primary School Headmaster. Therefore, based on the audit objections, the impugned order of recovery came to be passed.

4. This Court considered the rival submissions made on either side and also perused the available materials.

5. The petitioner was appointed as a Physical Education Teacher in an Elementary School in the year 1961 and obtained Selection Grade on 01.04.1974 and Special Grade on 01.06.1981 and retired from service on 31.08.1995. When a proposal was made for the revision of the petitioner''s Scale of Pay as per G.O.Ms.No.235, Finance Departm